Howe v. Health Facilities Appeals Board

This case arises under G. L. c. Ill, §§ 25B-25G, inserted by St. 1972, c. 776, § 3, the statute popularly known as the determination of need law. The statute requires that any substantial capital expenditure for construction or renovation, or any substantial change in services, by a health care facility be preceded by a determination of need for such by the Department of Public Health (department). The purpose of the statute (to control the unnecessary expansion by health care institutions of their patient care facilities), its relevant legislative history, and some helpful guidance in its…